Reconstructing American Legal Realism Rethinking Private Law Theory
Publisher: Oxford University Press Inc
Published: 2013
Number of pages: 236
ISBN-13: 9780199890699
Description: The author revives the legal realists' rich account of law as a growing institution accommodating three sets of constitutive tensions-power and reason, science and craft, and tradition and progress, and demonstrates how the major claims attributed to legal realism fit into this conception of law. The book seeks to rein in realist descendants who have become fixated on one aspect of the big picture, and to dispel the misconceptions that those gone astray represent the tradition accurately or that realism is now merely a historical signpost.